Research On The Untrustworthy Executive List System

Execution procedures are the end of civil proceedings and play a crucial role in the litigation process.The effective execution of judgments relates to the credibility of judicial decisions and the realization of the legitimate rights of the parties.However,in practice,“difficulties in implementation” are common problems that plague local courts.In order to ensure the effectiveness of the implementation of the ruling documents,the Supreme People's Court formally stipulated in principle the list of untrustworthy enforcers in 2013 and revised them in 2017.The untrustworthy executive list system has a deep theoretical foundation and is supported by rich practical exploration.It has played an advantageous role in the healthy development of the country,society and individuals.However,the system has also exposed many problems in the process of its implementation.The lack of protection of the rights of the untrusted person is particularly evident.First of all,the list system will have a major adverse effect on the enforcer's property rights,reputation rights,privacy rights,and labor rights.It is undeniable that this is the unfavorable consequence of the executor's previous failure to perform his obligations and should be borne by him.However,in terms of the protection of human rights and the balance of legal interests,it should not be too severely punished for the person's personal rights as a result of a loss of property.Secondly,there are unclear provisions in the applicable standards,applicable procedures,and relief procedures of the list system,which makes it unfair to protect the rights of the executed person.There are flaws in the system and naturally it is necessary to seek improvements.Basing on the practice of the country,drawing on the advanced experience of other countries is indispensable.The German debtor roster system and the Korean non-implementation list system are similar to China's list of defaulters for dishonesty,and are all designed to urge the enforced to perform their debts.However,there are many differences in specific regulations and are worthy of our reference.For example,the system is regulated in the form of law,and it is closely linked with related systems such as the property reporting system,which can ensure the effective implementation of the system to a greater extent.In the setting of procedures,more emphasis is placed on protecting the rights of the executed person,not only More rigorous review procedures,full respect for the parties' right to appeal,and public disclosures are also made as narrow as possible to protect the privacy of the person being executed.There are rights to relief.When an untrusted executor is forced to perform his duties,his legitimate property rights and personal rights are in danger of being infringed.Therefore,the existing system should be perfected to ensure the equality of both parties before the law.First,the concept of human rights protection should be established from the top-level design,and a unified enforcement law should be enacted so that the enforced person's rights protection can be more deeply rooted in the people's minds and be recognized.It is also more authoritative and convincing;second,it should be refined.The standard of recognition is to classify the trustee's untrustworthy behavior so that the "crime and punishment" can be adapted.Finally,it is necessary to scientifically set up procedures,limit the start-up subjects,respect the right of the enforced person to defend himself in the face of the list,and make the exit procedure more thorough.It is not only the deletion of untrusted information within the court system,but also the linkage between departments.,strive to wipe out more completely the traces of the executive's dishonesty.In addition,the scope of publication of untrusted information and the distribution channels must be appropriately limited to protect the enforced person's right to privacy,etc.When the list system causes undue damage to the person being executed,it should have the right to apply for state compensation,so that substantial compensation can be obtained.In short,the system of list of untrustworthy executives is generally beneficial to the society,but it should not ignore the protection of the enforced person's legitimate rights.The continuous improvement of the list system is of great benefit to the construction of the social credit system and the realization of social fairness and justice.